Appeal of Layoff, Demotion or Transfer in Lieu of Layoff

Legal authority

An employee may appeal after receiving a notice of layoff on the ground the required procedure has not been complied with or the layoff has not been made in good faith or was otherwise improper. The employee bears the burden of proof by a preponderance of the evidence on one of these three grounds to invalidate the layoff. The appeal filed shall state the facts upon which it is based and the relief requested in sufficient detail. The California Department of Human Resources' (CalHR) Statutory Appeals Unit (SAU) may order the reinstatement of the employee with or without pay.

Timeline to file

Within 30 days after receiving notice of layoff. Filing of an appeal may be extended an additional 30 days after the end of the period in which the appeal should have been filed if the petitioner demonstrates good cause for a late filing (Title 2, California Code of Regulations, section 599.904). (Gonzales v. SPB(1977) 76 Cal.App.3d 364.)

Type of hearing

A full evidentiary hearing is conducted by an Administrative Law Judge (ALJ). All cases from one appointing power may be consolidated for hearing. The proposed decision of the ALJ is accepted or rejected by the Director of the California Department of Human Resources.